Mr D West v Chartwell Salon Supply Ltd (in Compulsory Liquidation): 1406139/2020
JUDGMENT
[1]The Judgment of the Tribunal is that the Claimant was dismissed on the 2nd September 2020 without notice, not the 31st July 2020 as the Respondent had alleged. Therefore, the Claimant was employed up until 2nd September 2020.[2]The Claimant was unfairly dismissed for which the Respondent shall pay to the Claimant:a. Basic Award: £Nil. The Claimant has already been paid a redundancy payment.b. Loss of statutory rights £500.00.c. Compensatory award: £4,287.88 net. The Tribunal considered that had the Respondent followed a fair procedure the Claimant would likely have been dismissed on 30th November 2020 with 12 weeks' notice. The compensatory award therefore has been calculated on the basis that had the Claimant not been unfairly dismissed on 2nd September 2020 he would have remained employed until the 30th November 2020 and then received 12 weeks' pay in notice. The tribunal therefore considers that the Claimant’s compensatory loss is for a period of 12 weeks and 4 working days the claimant (the period from 2nd September to 30th November) that sum being calculated as follows: Net weekly wage £334.99 x 12 weeks = £4,019.88. Net weekly wage £334.99 x 0.8 (that being 80% of the working week, the claimant would work 5 days per week) = £268.00 Total added together = £4,287.99.[3]The Respondent breached the Claimant’s contract for failure to pay his notice pay of 12 weeks, and therefore the Claimant’s claim for wrongful dismissal through failure to pay notice pay succeeds for which the Respondent shall pay the Claimant: £4,019.88 net. (calculated as 12 (weeks) x £334.99 (net weekly pay).[4]The Claimant’s claim for outstanding holiday pay succeeds for the period of 1st August 2020 to 2nd September 2020 and one day outstanding which had been carried over from the previous year (the Claimant having been paid up until 31st July 2020) for which the Respondent shall pay the Claimant £139.34 net.[5]The Respondent failed to pay the Claimant his wages for the period of 31st July through to 2nd September 2020 (the period for which the Tribunal has determined the Claimant remained employed) and therefore his claim succeeds for which the Respondent shall pay to the Claimant the sum of £1,540.77 net. That being calculated as 23 days (the number of working days for 31st July to 2nd September inc.) x £66.99 (net daily pay £334.99/ 5) = 1540.77 net.[6]The total sum therefore payable to the Claimant under this Judgement is £10,487.87 net. Recoupment[7]The Recoupment Regulations 1996 apply to the above awards. The information required by Regulation 4 (see also the Annex to this Judgment) is as follows:(a) Monetary Award £4,787.88(b) Prescribed Element £4,287.88.(c) Dates of the periods to which the Prescribed Element is attributable 1st December 2020 to 1st March 2021(d) The amount by which the Monetary Award exceeds the Prescribed Element is £500.00